Justice Dinesh Kumar Sharma allowed Jain to withdraw his plea and granted him liberty to approach the trial court by way of a revision petition instead of approaching the high court.
Senior advocate Rebecca John, appearing for Jain, said that the defender’s statements do not fulfil the requirements to constitute the offence of defamation. Hence, the petitioner filed the plea because no case was made out to proceed against him.
Goswami had filed a complaint against Jain claiming that he had made defamatory remarks against him in connection with funds of the North Delhi Municipal Corporation.
Goswami alleged that Jain made such remarks to lower the moral and intellectual character of the complainant in the eyes of the general public.
In February, the court of Additional Chief Metropolitan Magistrate had summoned several others along with Jain.
In November, the magisterial court had dismissed Jain’s plea seeking discharge in the case.